Category Archives: Family
When Maintenance Isn’t Awarded: Diop v. Gueye and the Discretion of Spousal Support in New York
In the contested divorce case of Diop v. Gueye, the appeals court addressed the trial court’s decision to decline awarding spousal maintenance (alimony) to either spouse. This case highlights how New York law treats maintenance under its formulaic guidelines and the extent of judicial discretion. Background of the case The couple got married back… Read More »
Contract Enforcement After Divorce: A Look at Gravlin v. Ruppert, 98 N.Y.2d 1 (2002)
When couples divorce, their separation agreements become legally binding contracts. But what happens when one parent’s failure to follow the agreement makes it impossible for the other parent to meet their obligations? The New York Court of Appeals addressed this issue in the case of Gravlin v. Rupper, a leading case on enforcing and… Read More »
How Do the New York Courts Employ the “Best Interests of the Child” Standard?
All New York custody disputes are guided by a simple yet profound question: What serves the best interests of the child? Very few cases capture this principle better than Eschbach v. Eschbach. This landmark decision by the New York Court of Appeals still defines custody law to this day. In this article, the Rockland… Read More »
The Principle of Comity in New York State Marriages
In New York family law, questions concerning marriage recognition often arise when couples relocate to New York after marrying elsewhere. The landmark Court of Appeals decision in Godfrey v. Spano reaffirmed New York’s long-standing commitment to comity—the principle that the state generally recognizes the validity of marriages that took place in other states or… Read More »
How the New York Courts Decide Custody and Relocation Cases
Divorced or separated parents who want to move with a child must petition the courts before they do so. The New York Court of Appeals addressed the matter in the Matter of Tropea v. Tropea. This landmark decision reshaped how our courts evaluate custody modification and relocation requests. In this article, the Westchester County,… Read More »
New York Case Discusses Relocating with a Child
One of the most hotly contested issues is when a New York parent wants to move to another state or county with a minor child. New York courts must balance parental rights against the best interests of the child. In Tropea v. Tropea, the New York Court of Appeals provided a definitive framework and… Read More »
New York Court Addresses Standards for Modifying Child Support Payments
Are you looking to modify a child support order? It may be more difficult than you think. Child support orders in New York must balance the terms of parental agreements with the evolving needs of children. One of the more important cases in New York surrounding child support payments is Brescia v. Fitts. In… Read More »
How Can I Get Sole Custody of the Children in New York State?
If you’re a parent who is seeking sole custody of your children, it’s important to know that New York State generally prefers joint custody agreements where both parents are involved in the child’s life. Generally speaking, you must be able to provide the court with strong evidence that the child would not benefit from… Read More »
Do I Need the Court’s Permission to Relocate with My Child?
If you have an existing custody order or written agreement which places restrictions on the ability to relocate, you will either need the other parent’s consent or the court’s permission to relocate with your child. Relocating without the court’s permission or in violation of court order can have both civil and criminal implications. In… Read More »
How is Property Divided in a New York Divorce?
To understand how property is divided in a New York divorce, you must first understand the concept of marital versus separate property. Under New York law, marital property includes any assets or debts that were acquired by either spouse during the marriage. It doesn’t matter whose name is on the title. This likely includes… Read More »